Author: HOAGOV

"The Voice for HOA Constitutionality". I have been a long-term homeowner rights authority, advocate and author of "The HOA-Land Nation Within America" (2019) and" Establishing the New America of independent HOA principalities" (2008). See HOA Constitutional Government at http://pvtgov.org. My efforts with HOAs took me to a broader concern that was deeply affecting the constituionality of HOAs. Those broad societal and plotical concerns caused me to start this new blog for my commentaries on the State of the New America.

As an HOA member, “Are you a citizen of the United States of America?”

“Are you a citizen of the United States of America?”, asked Trump in his news speech today[i]. And he added, “There was a time when you could proudly declare ‘I am a citizen of the United States’.”

In 2012 I raised the issue of HOA members being US and state citizens in my proposed Arizona bill[ii].

Therefore, the members of the association, having not waived or surrendered their rights, freedoms, privileges and immunities as citizens of the United States under Section 1 of the Fourteenth Amendment, and as citizens of the state within which they reside.

As part of the bill I declared,

The association hereby waivers and surrenders any rights or claims it may have under law and herewith unconditionally and irrevocably agrees 1) to be bound by the US and State Constitutions, and laws of the State within which it is located, as if it were a subdivision of the state and a local public government entity, and 2) that constitutional law shall prevail as the supreme law of the land including over conflicting laws and legal doctrines of equitable servitudes.

Very disappointedly, there was no outcry, there was no demand to assert citizenship by HOA members or homeowner rights advocates. That says a lot, doesn’t it? I am not sure as to whether the HOA legal scheme and members shunting the Constitution contributed to the Washington dysfunction, or was it just a top-down, a trickle-down public sentiment pervading HOA members?

Discover the truth about HOAs! Read The HOA-Land Nation Within America exposé on sale at Barnes & Noble (BN.com); Amazon.com, KDP Unlimited & Lending; Google HOA-Land Nation. Join the many others who have received a copy of the eBook or paperback and open a broad discussion.

Notes

[i] See Video of speech, FOX10. The only site I could find that recorded Trump’s opening words. Not even on the official WH website.

[ii] See “Declaration of US and State citizenship” in HOA member Declaration of US and State citizenship. The bill was not sponsored or backed by advocates.

HOA-Land Nation release expands availability

Discover the truth about HOAs! Read The HOA-Land Nation Within America exposé on sale at Barnes&Noble; Amazon.com including KDP Unlimited & Lending; Google HOA-Land Nation. Watch for limited time special deals.

KDPcover

It is estimated by CAI that some 23% of the US population live within the HOA-Land Nation. This white paper presents a view of the institutionalized HOA model of local governance from the perspective of long ignored constitutional law.

HOA-Land “one size fits all” injustice

It is important to understand that the vast majority of the public and government officials are under the mistaken impression of a homogenous, one-size fits all view of HOAs as presented in CAI’s voluminous descriptions and promotions of what are HOAs. Only in its Statistical Reviews are Large-scale associations (LSA) presented in passing with an estimated 6,000 – 9,000 associations over 1,000 units.

However, in June 2016 LSA survey CAI did go into some detail to categorize associations by primary theme or function: Residential, Resort/Residential, Age Restricted, Private and Mixed Use. (I had introduced these categories in my 2005 analysis of CAI’s survey). The survey found that 44.3% were Residential, 26.8% Resort, and 14.1% Age restricted, with Age restricted not further refined. There are very important distinctions between these categories among which the Resort and Age restricted associations had 6 times the number of part-time/seasonal owners than Residential.

This huge disparity in part-timers and primary theme make it quite evident that Resorts/Age Restricted associations can be viewed as 365-day timeshare resorts. The owners’ expectancy of, and agreement to, HOA regulation is significantly more pronounced than those of Residential owners who believe that they were just buying a nice home.

There’s “no one-size fits all” when it comes to HOAs!

I cannot discover the distribution of HOAs by units/lots anywhere including the CAI websites and pages. However, I did uncover a glimpse of this breakdown in the 2011 CAI Nevada LAC’s “Why Legislative Advocacy Matters” where it showed only 1.8 % of Nevada’s associations had over 1,000 units. Units less than 200 amounted to a massive 74.8% and the combined 500 or less amounted to 90.5%.

The bottom line

It is my view that the CAI Central pronouncements and propaganda addressed to the policymakers speak to this pitiful minority of Resort/Age Restricted associations and not to the massive 90% of associations where the members believed that they were buying a home protected by their HOA. The vast majority of HOA abuse and rogue boards, but not all complaints, stem from this 90% ignored by state legislatures.

HOA-Land Nation “Did you know?” Part 2

HOA-Land Nation “Did you know?”

Release No. 2 — July 4, 2019

As an HOA member, did you know that:

· Your HOA board (BOD) is unaccountable under state laws with trivial, if any, penalties or punishments for violations of state laws or the governing documents? Without meaningful enforcement to hold BODs accountable and to serve as a detriment to continued violations, you are forced to sue just to get compliance.

· The much touted HOAs are democratic because members can vote is utterly without merit? Fair elections protections, as compared with those in the public arena, do not exist under a corporation law. Members do not have equal access to HOA newsletters, website, member lists, and use of common amenity meetings rooms, among other denials.

· To bring about equal protection of your rights, the HOA attorney sides with the BOD, his client and not you, the membership. And as a CAI member, lobbies the legislature to maintain conditions as they are – authoritarian HOA government.

· You still retain your rights, privileges and immunities as a citizen but are denied these rights under the private HOA legal scheme, functioning outside constitutional protections.

Discover the truth about HOAs! The truth shall set you free! Read The HOA-Land Nation Within America exposé on sale at Amazon.com.

HOA-Land Nation “Did you know?” Part 1

HOA-Land Nation “Did you know?”

Release No. 1 — June 25, 2019

As an HOA member, did you know that:

· You gave your home as collateral for the survival of the HOA corporation? Not explicitly stated nor implied, but in effect you are obligated to pay assessments no matter what.

· You are not required to read, understand or sign the CC&Rs to be legally bound to the CC&Rs, sight unseen. Taking your deed at closing bound you under constructive notice doctrine — CC&Rs posted to county clerk’s office.

· Your friendly Realtor is an active participant by failing to inform you of material facts relating to the loss of rights and freedoms previously enjoyed when you were not an HOA member.

· Your HOA, as a private corporation, is not subject to the US or state Constitutions — the “supreme law of the land” does not apply to HOAs. Members must seek HOA reform legislation to restore these lost rights on a one-by-one basis.

Discover the truth about HOAs! The truth shall set you free! Read The HOA-Land Nation Within America exposé on sale at Amazon.com.

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